Surviving Relationship Violence and Abuse

Transcription

1 Surviving Relationship Violence and Abuse Family Law in BC British Columbia March 2013

2 2013 Legal Services Society, BC First edition: February 2010 Second edition: March 2013 ISSN: X (Print) ISSN: (Online) Acknowledgements Revision: Pat Feindel Aboriginal chapter: Kelly Roulette Editors: Olivia Kienzel and Judy Clarke Designers: Ana Agner and Andrea Rodgers Legal reviewers: Erin Shaw and Katrina Harry Development coordinator: Alex Peel Thank you to everyone who gave us feedback on this edition of Surviving Relationship Violence and Abuse. This publication may not be reproduced commercially, but copying for other purposes, with credit, is encouraged. Surviving Relationship Violence and Abuse is a publication of the Legal Services Society (LSS), a non-government organization that provides legal aid to British Columbians. LSS is funded primarily by the provincial government and also receives grants from the Law Foundation and the Notary Foundation. This booklet explains the law in general. It is not intended to give you legal advice on your particular problem. Because each person s case is different, you may need to get legal help. Surviving Relationship Violence and Abuse was up to date as of March See the back cover to find out how to get free copies of this booklet.

3 Many people contributed to earlier versions of this booklet, previously published as Speaking of Abuse: Violence Against Women in Relationships. They include community groups, service providers, legal services, government agencies, and government policy developers who are concerned about violence against women in relationships. Their contributions are greatly appreciated. We gratefully acknowledge the following organizations for the use of information from their publications: Community Legal Education Ontario (CLEO) Do You Know a Woman Who Is Being Abused?: A Legal Rights Handbook (2008) BC Children s Hospital Mental Health Program Helping My Child: A Guide to Supporting Children Exposed to Domestic Violence (2005) YWCA Vancouver Leaving an Abusive Relationship: Information on Custody and Access for Women with Children (2008) If you need help right away, call: Police or RCMP at 911 if it is an emergency. (Please note that a few areas in BC do not have 911 service. To find out whether your area does, check the inside front cover of your phone book. It should tell you the local emergency police or RCMP number. Or call your local municipal [city] office and ask for the number.) VictimLink BC (Information Line) at (call no charge, 24 hours a day). If you have a hearing or speech disability, call the 24-hour Telus Relay Service at 711 (for TTY users with a hearing or speech disability), or call (voice activated). For other help in your community, see Who can help on page 86.

4 Contents Introduction...1 Who this booklet is for...1 What this booklet is about Violence in relationships...4 What does abuse mean?...4 Some examples of abuse...5 The cycle of violence...8 Effects on children...9 What kind of abuse is a crime? How common is violence in relationships? Why an abused partner might stay Getting help Help is available How can an advocate or victim service worker help? Calling the police or RCMP Safe houses and transition houses Getting a lawyer or legal aid Safety planning...23 Tips on safety planning...24 i

5 4. Calling the police or RCMP...28 What happens when the police or RCMP first come...28 Will your partner be arrested?...29 Getting to a safe place...30 The police report Will your partner be charged?...32 Will your partner be released?...33 Getting information about the case Leaving a violent relationship What about the children? What about the family home?...39 What to do about money...40 If you are an immigrant Violence against Aboriginal women in relationships...48 Who this chapter is for...48 Some examples of abuse and violence...49 Power imbalance...50 Emotional effects of abuse Impact on children Who can stay in the family home on reserve? Getting help...53 Can welfare help you out financially?...55 Legal aid...55 Safe homes in urban centres...56 Help available both on and off reserve...56 ii Surviving Relationship Violence and Abuse

6 7. The criminal court process...58 Introduction...58 Crown counsel Being a witness Victim impact statements The first appearance The trial...62 If he is found not guilty...64 If he is found guilty...64 Sentencing...64 After sentencing Family law protection orders and peace bonds Peace bonds Family law protection orders...69 Make sure your order or peace bond is registered Parenting and property after you leave Get legal advice or information Getting parenting orders...77 If visits are unsafe for you or the children...83 Resolving family law issues by agreement...84 Your rights to family property Who can help...86 Start here victim service workers and advocates...86 Housing help Legal help...88 Help for Aboriginal people...92 Contents iii

7 Help for children Help for immigrants (new to Canada)...94 Help for gay, lesbian, bisexual, and transgender people Help for people with disabilities...95 Help for seniors...95 Help with finances...96 Police & RCMP complaints...96 Print and online resources Glossary iv Surviving Relationship Violence and Abuse

8 Introduction Who this booklet is for This booklet has legal information for advocates, support workers, and others who support people who are being abused, assaulted, or harassed by their husband, wife, boyfriend, girlfriend, former spouse, or ex-partner. The information applies to those who have chosen to stay with their abusive partner, as well as to those who have left or are trying to leave. This booklet uses the word partner to mean a husband, wife, common-law spouse, girlfriend, and boyfriend. The word ex-partner means both a former partner and a former spouse. Although we made this booklet with advocates in mind, we write as if the person reading this is in an abusive relationship. That means that we use you a lot. We also sometimes assume that you are a woman. We do not mean to exclude anyone with this language. We chose to do so because the majority of people who experience violence in relationships are women. However, violence and abuse also happen to men, as well as to people in same-sex relationships and to transgender people. The information in this booklet is for everyone women, men, transgender people, those married, those not married, and those living common-law. In this booklet, words that you might not know are in bold the first time they appear. The Glossary starting on page 102 has a list of these words and their meanings. 1

9 What this booklet is about This booklet explains what you can do to protect yourself. It can help whether you choose to stay or to leave the relationship. This booklet tells you what kind of help you can get from the police, the courts, and people in your community. Keep reading for information about: What violence in a relationship is Who can help you with emotional support and legal advice What you can do if your partner or ex-partner has assaulted you, threatened to assault you, or harassed you How to do safety planning for yourself and your children What the police do when they are called What the court process is like when an abusive partner is charged How you get a peace bond or family law protection order (what used to be called a restraining order) What you can do to stay safe if you choose to leave and/or to end the relationship How to deal with legal issues involving children and the family home The information you will read here is based on the provincial government s policy on Violence Against Women in Relationships. It sees violence against women in relationships as a serious problem that needs a strong response. It also says that the police and courts must do everything they can to stop this violence. 2 Surviving Relationship Violence and Abuse

10 The policy says that violence is not a private family matter. When any person assaults or harasses another, it is a crime. The policy does not see assault or harassment as less of a crime just because a family member has committed it. Abuse can be linked to differences in power between partners. This kind of violence can be made worse when access to money or jobs is not equal between partners. Other forces like sexism, racism, age differences, and disabilities can make the violence worse. These forces can also make a person more dependent on their partner, which gives their partner more power. Any person can be abused in a relationship. But no one deserves to be hurt. The police, the courts, and many other agencies are out there to protect you against violence. Introduction 3

11 1 Violence in relationships What does abuse mean? Abuse can mean a whole range of hurtful or dangerous behaviours. This booklet deals with abuse that comes from a partner or ex-partner (called an abuser). Abuse can mean threatening to hurt you or actually hurting you. It can also mean forcing you to have sex. Abuse can include using money against you, saying cruel words, and other emotional harms. An abuser uses threats, violence, or other behaviours to control you. They do this by trying to make you feel very bad about yourself, often so that you will not leave or get help. If you have tried to leave, the abuser might have increased the abuse. Abuse can happen at the beginning of a relationship, after many months or years, or when the relationship is ending. Abusers often blame what they do on the person they are hurting. It is important to remember that abuse is not your fault. Violence is the fault of the person who commits it. Violence against you is not your fault. And you do not have to have proof that abuse has happened your word is enough to get help and protection for you and your children. 4 Surviving Relationship Violence and Abuse

12 Some examples of abuse Hitting another person is one obvious example of abuse. However, there are many other forms of cruelty that are also abusive and some of them are illegal. Below, there are lists with some examples of abuse. Emotional or verbal abuse humiliating you or degrading you (putting you down) yelling at you, insulting you, or calling you names criticizing you a lot, or blaming you for nearly everything threatening to have you deported ridiculing you (putting down your beliefs, background, gender, age, sexual preference, abilities, etc.) keeping affection, approval, and appreciation from you for long periods of time keeping you from contacting friends and family (isolating you) Psychological harassment controlling you and limiting what you do, where you go, and who you see opening and reading your mail, text messages, chats, , or other private correspondence keeping control of your identity documents, passport, status card, or other important papers following you or watching you when you are supposed to be apart phoning you a lot or at bad times (for example, at work or in the middle of the night) ing or texting you a lot, especially when you have asked not to be contacted 5

13 checking up on your internet and phone activity getting in the way of your work or school threatening to hurt you, your children, someone you know, or a pet threatening to commit suicide if you leave or do not do what your partner wants threatening to take your children from you Financial abuse making all the money decisions, or controlling the money in the household and not letting you have any not giving you access to bank accounts and credit cards not letting you get a job or causing you to lose your job not paying bills or refusing to try to find work taking your money or property running up debts in your name not paying child support as a way to control your actions and decisions Physical abuse stopping you from leaving the home (including taking the phone away or taking the only vehicle when you live far from town) breaking your things, damaging property, or threatening to damage something you value harming a pet frightening you by driving dangerously not letting you sleep keeping you from going to the doctor or hospital when you need help threatening you with a weapon shoving, slapping, choking, punching, or kicking you 6 Surviving Relationship Violence and Abuse

14 hurting you with an object of any kind forcing you to share needles with others forcing you to get an abortion against your will forcing you to carry a pregnancy against your will Sexual abuse making you do sexual things when you do not want to forcing you into sexual acts that make you uncomfortable or hurt you having sex with you when you cannot consent, such as when you are asleep or have been drinking a lot of alcohol talking about your sexual abilities in front of others putting you at risk for unwanted pregnancy or sexually transmitted diseases hurting a sexual part of your body often accusing you of having sex with others or of wanting to do so using pornography in front of you when you are not comfortable with it forcing you into the sex trade or threatening to do so Using the children using your children to send you hurtful messages using your children to spy on your activities using parenting issues to harass you threatening to use the court to take the children away, etc. threatening to kidnap the children, or actually taking them to another place without your consent abusing the children emotionally, physically, or sexually (sometimes as a way to hurt you or control you, too) Violence in relationships 7

15 Using the legal system threatening to take you to court to pressure you or control you making false accusations against you or misleading the court, in order to make you look bad or to get you to end your case not letting you know about court dates, so that you do not have a chance to tell your side of the story or so that you look bad to the judge filing repeated court requests for parenting orders or repeated affidavits (this is sometimes called court harassment) The cycle of violence Abuse may start out as verbal or emotional and gradually increase to physical or sexual violence. It sometimes starts with tension, then slowly builds until one partner becomes violent. After this event, your partner or ex-partner may be very sorry. They may promise that it will not happen again. They may even be very loving and attentive. This makeup period might be a relief. And it might strengthen the emotional bonds in your relationship. It might convince you and your partner that the abuse will end. But the tension often returns, and so the pattern of abuse continues usually again and again. This is called the cycle of violence. Sometimes family members or elders will try to assure you that the abuse will not happen again. (For information about violence against Aboriginal women in relationships, see Chapter 6, starting on page 48.) You may feel blamed, confused, afraid, angry, frustrated, and alone. It is important to know that you can get help and make yourself safer (see Getting help on page 17). 8 Surviving Relationship Violence and Abuse

16 Effects on children Research has shown that living in a home where one parent is abusing the other parent has a negative effect on children, no matter how old they are. It can affect them whether they see and hear it directly, or whether they find out about it later. Children can react to the stress of an abusive home in many serious ways. They might: become sick more easily and more often act out at school or at home have trouble with their emotions, now and when they grow older have trouble making friends and keeping them have trouble learning and succeeding in school feel that they did something to cause the abuse believe that they should have been able to stop or prevent the abuse stay away from others and feel lonely have trouble with relationships when they grow older copy the abuse they have seen or think that it is normal for them to be abused when they grow up It is a good idea to get your child counselling to help deal with the impacts of abuse. Counselling can also help to end the cycle of abuse. This help is available for free throughout BC, through the Children Who Witness Abuse program. It offers individual and group counselling to children who witness the abuse of a parent. Support is also provided to the parent who has been abused. To look for a Children Who Witness Abuse program in your area, see page 93. Violence in relationships 9

17 What kind of abuse is a crime? Any kind of abuse is harmful. And even when abuse is not a crime, it can still be family violence. That means that a court might be able to order your partner to stay away from you and your children. But many kinds of abuse are also crimes, and the person abusing you can be charged with a criminal offence. They might be arrested, tried, and put in jail. Assault is the most common charge. Other forms of abuse that are crimes are sexual assault and stalking. You have a right to be protected. If these things are happening to you, you can call the police. To help the police with the case, it is a good idea to keep a written record of every time you are abused, including: what happened, the date and time when it happened, where it happened, the kind of injuries you have and how you got them, whether someone else saw what happened, and whether children were present. (Please be aware that, in some cases, the Ministry of Children and Family Development could investigate your family if they learn that your children have witnessed abuse. However, keeping track of when your children witness abuse could help you later if you want the court to limit your partner s contact with the children. For more information, see the whole section on Getting parenting orders starting on page 77, especially Limits on your ex-partner s parenting role on page 79, and The best interests of the child on page 80.) 10 Surviving Relationship Violence and Abuse

18 Assault If your partner or ex-partner does any of the things listed below, it is assault and it is a crime: hits or physically hurts you threatens to hit or physically hurt you, and you believe that he can or will do it Sexual assault Sexual assault includes any sexual activity committed without the consent of the other party. This may include: unwanted kissing, fondling, or sexual touching rape (forcing you to have sex when you do not want to or have not agreed to it such as having sex with you when you are passed out) using a weapon to force you into sexual activity In Canada, it is a crime for a husband to sexually assault his wife. He can be charged with sexual assault and he can go to prison. Stalking, criminal harassment Stalking is when someone keeps following you or contacting you. It is often a pattern of threats and actions that makes you afraid for your safety or your children s safety. It may make you feel you cannot do what you want or go where you want. The law calls this criminal harassment. There are other kinds of criminal harassment besides stalking. A single threat or action can be considered criminal harassment if it gives you a good reason to be afraid for your safety. Violence in relationships 11

19 The person who harasses you does not have to be an expartner for it to be a crime. If anyone does one of the things listed below, it is criminal harassment, and it is illegal: contacts you again and again, especially at bad times (for example, at work or at home in the middle of the night) makes sexual phone calls (or sends s) without your consent calls again and again and hangs up without speaking follows you, or watches you or other family members (for example, parks his car outside your house) threatens you, your family members, or your friends threatens to destroy property or harm your pet does anything else that is threatening and that makes you afraid he will harm you It is very important to keep a written record for the police if you are being harassed. This information can help to build a criminal case against the person harassing you. It can also help you to get a peace bond or family law protection order (see page 67 for more information). To learn more about safety and your options, see the next two chapters. Or turn to page 86 for Who can help. 12 Surviving Relationship Violence and Abuse

20 How common is violence in relationships? When you are in an abusive relationship, it is common to feel ashamed, afraid, and alone. You may feel like you are the only one in this situation. But people of all ages, rich and poor, and from every background can be abused. You are not alone. Studies show that percent of women are physically assaulted by a husband, boyfriend, or partner at some time during their lives. In BC, 10 percent of all women reported assault by a partner during a five-year period. Statistics Canada recently found that half of all women over 16 said they had experienced at least one act of sexual or physical violence. Three out of four of those acts were committed by someone they knew. Every year, thousands of women are badly injured or killed by their partners. Yet less than half of the women who experience violence in their relationship ever contact an agency for help. Violence in relationships 13

21 Why an abused partner might stay It is hard to take action to stop abuse in a relationship. There are many reasons why people stay in abusive relationships or do not call for help. You may be staying in your relationship for any of these reasons: you believe or hope that the abuse will end the make-up period after violence reassures you or strengthens your emotional bond with your partner you depend on your partner to pay the bills, take care of you, or for other help you are afraid that your partner will become even more violent if you try to leave you fear for the safety of your children you fear that your children will be taken into government care you are afraid of losing your home you fear for the safety of your pets or farm animals you are afraid that no one will believe that the abuse happened you are isolated from your family and friends, so you do not feel you have the support you need you are afraid of being deported or of losing your immigration status you do not know about your rights or the help that is available you fear the legal system you feel pressure from your family or friends to stay you feel pressure or blame from your community you live in a rural area with few services you live in a small town where everyone knows everyone s business 14 Surviving Relationship Violence and Abuse

22 If you are being abused, please remember: Violence in relationships is not a private family matter. Assault, harassment, and sexual assault are crimes. You do not have to have lots of proof (such as witnesses or a videotape) to get help. Your word is enough to call the police and victim services. Help is available, whether you want to stay in the relationship or leave (see Chapter 2 for more information). If you are being assaulted or harassed, you can call the police. You have the right to be safe. it is hard for you to speak English you do not believe you know enough about Canadian society to be on your own If any of these reasons apply to you, the rest of this booklet is meant to be a first step to help you get more information and choose what to do. If you have not yet spoken to anyone for help, you can start by calling VictimLink at (call no charge, 24 hours a day), or see the chapter Who can help (starting on page 86). People with disabilities might face even bigger challenges when it comes to leaving an abusive relationship. Studies show that a disabled woman is twice as likely to be the victim of violence as a woman without a disability. You also have more difficulty finding employment and are more likely to face poverty. You may also depend on your partner to meet your daily needs for care, food, and shelter. However, there is help available from people who understand what you are going through (see page 95 for a list). Violence in relationships 15

23 Women or men in same-sex relationships may also be abused by a partner, by an ex-partner, or have their children used against them by another parent. Getting help can be much more difficult due to fears of being treated badly by police or others who are supposed to help. Leaving can also be more difficult because of fear of losing the children or fear of losing the family home. However, it is important to know that you have the same rights as straight partners do in BC. You have the right to get help from mainstream organizations, just like everyone else. There is also help available from the gay, lesbian, bisexual, and transgender community (see page 95). Those who are new to Canada might also feel very isolated and vulnerable. The same is true for anyone who does not speak much English or know Canadian customs or laws. Also, pressure from your family or community can make it hard to get help from outsiders or to leave. You may be afraid of being deported. You might not know your rights or where to go for help. It is important to know that your partner cannot take your status away from you if you leave because of abuse. For more information about what you can do if this is happening to you, see If you are an immigrant (page 44) and the LSS booklet Sponsorship Breakdown (see the back cover for how to get a free copy). Aboriginal women can also face pressure from their community or fear racism from police. You might be worried that asking for help will mean you lose your children. You might also fear being forced to leave the reserve. But there are people who can help. You have the right to go to any advocate and transition house, or to ask for help from your community if you prefer. For information about what to do if you are Aboriginal and you are being abused, see the chapter that starts on page Surviving Relationship Violence and Abuse

24 2 Getting help Help is available Women who are abused may feel confused, afraid, angry, frustrated, and/or alone. It is important for you to know that help is available. All through BC, there are people and services trained to help you, including: police, who can come when violence is happening or after it has happened safe houses, where you and your children can go for safety in an emergency transition houses, where you and your children can stay when you leave a relationship advocates, settlement workers, and victim service workers, who provide free legal information and emotional support legal aid, which can provide a lawyer for you, if you qualify income assistance (welfare), which might give you money for emergencies if you have no income community services, which provide support, counselling, and information. Most of them offer services to everyone, and a few focus on helping certain groups, such as newcomers or people with disabilities. 17

25 In the rest of this booklet, there is more information about what each of these people and services do. You may need to get help from more than one place. Some areas of BC have fewer resources than big cities. However, there is usually some help available wherever you are. How can an advocate or victim service worker help? It is a very good idea to look for an advocate or victim service worker to help you. This is true even if you do not think of yourself as a victim. Most people need help to deal with the court system, child protection investigations, and other concerns. Both advocates and victim service workers give their help for free. They can help you with: emotional support legal information (about what your rights are and how the legal system works) safety planning information about community resources and services (such as where to go for legal help, welfare, or counselling) talking about whether to leave the relationship finding out what you will be asked to do in court going with you to court, to the police station, or to the Crown counsel s office preparing to represent yourself in court getting information about your court case learning how to ask for what you need from government agencies and the courts To get this help, call VictimLink at (call no charge, 24 hours a day). You can ask them for help 18 Surviving Relationship Violence and Abuse

26 even if you are not sure that you are the victim of a crime. They will keep your call confidential (not share your name or other information with anyone). Victim service workers are also available in victim assistance programs, in most police stations, or at the office of the Crown counsel. See the listing for Victim Services on page 87 to find them. (These helpers may not be able to keep your information confidential.) An advocate might work at a local women s centre, family support service, or transition house. An advocate who works at an immigrant service agency is also called a settlement worker. For help finding an advocate, visit the PovNet website at and click Find an advocate. Or call VictimLink at (call no charge, 24 hours a day). Calling the police or RCMP If your partner or ex-partner has hit you, sexually abused you, threatened you, or harassed you, you can call the police or RCMP at 911 and tell them you are being abused. If your area does not have 911 service, call your local emergency police or RCMP. (To find the phone number, check the inside front cover of your phone book or call your local city s office and ask for the number.) If you have a hearing or speech disability, you can call the 24-hour Telus Relay Service at 711 (for TTY service) or (voice activated). If you do not speak English, you can call 911 and ask for an interpreter. When you call, say police and then the name of your language. In some areas, the police department has a Domestic Violence Unit. You can ask to speak to someone in this unit who can give you information and provide counselling. Getting Help 19

27 Calling the police when you are in danger When you call the police, try to tell them: your name and address, that you are in danger, what is happening (what the abuser is doing or has done), if the abuser has a weapon and what kind of weapon it is, or if there are weapons in the house, if the abuser has been violent before, if your children are with you, if anyone has been hurt, and if you already have a peace bond or protection order. For more information about what happens when you call the police, see page 28. Calling the police after the crisis Even if you do not call the police right away, you still have the right to get help. You can call them later or go in person to the police station to report assault or harassment. It can be very helpful for you to take an advocate or victim service worker with you, if possible. After any violent event, it can help the police if you write down what happened and report the assault or harassment as soon as possible. Include as many details as you can about the event, such as: the time and place what happened: both threats and actions any injuries you have and how you got them whether children were present whether anyone else saw what happened 20 Surviving Relationship Violence and Abuse

28 It is also helpful to take pictures of any injuries and other evidence (for example, broken household items). Giving the police these details makes it easier for them to gather the evidence they need for a criminal case or a peace bond. If you have children, it is very important to write down details of violent incidents, even if you do not call the police. This information will help if you ever try to leave the relationship and take the children with you. Be sure to keep the information in a safe place (see Safety planning, page 23). Safe houses and transition houses Safe houses and transition houses give you and your children a safe place to stay if you are being abused. These houses are open 24 hours a day and are free. Their workers provide legal information and emotional support. They can help you understand your options, such as how to stay safe. They can also help you to leave the relationship. Some houses are meant for emergencies and let you stay for a short time. Other houses give you a safe place to live for a longer time while you figure out your next steps. To find the nearest safe house or transition house, call VictimLink at (call no charge, 24 hours a day). They can speak to you in 100 different languages, including 17 Aboriginal languages. Getting a lawyer or legal aid You may need to talk to a lawyer. They can give you information and advice about: what to do about children or property (before you leave or afterward) what your options are Getting Help 21

29 how to get court orders to keep your partner or expartner away (called peace bonds or family law protection orders) what you can take with you if you decide to go You can ask trusted family, friends, or a local women s organization to recommend a good lawyer who knows family law. Or you can contact the Lawyer Referral Service (see page 91 for more information about this service, the cost, and what kind of help you can get). Hiring your own lawyer will often cost you a minimum of $2,000 for a family law case. If you cannot afford a private lawyer, contact legal aid to see if you qualify for a free lawyer to take your case. (There are rules about who qualifies based on your legal issue and your finances.) See page 88 to find out how to reach them. When you contact legal aid, tell them if you have been abused and need help to stay safe and to keep your children safe. If you are denied legal aid, you can usually appeal that decision. You can also re-apply if your situation changes or if you have new information (for example, if you have less money, or if you become more afraid for your safety). For more information about who qualifies for legal aid, go to (under Legal aid, click Legal representation ). If you do not qualify for legal aid, there are other services that provide free legal help or information (see the list starting on page 88). For example, you might qualify for Family LawLINE. This service has family lawyers who give free legal advice over the telephone. (You can reach them by phoning the legal aid call centre. See page 90.) If you must act as your own lawyer, an advocate might be able to help. They can explain the legal process and tell you where else to go for information and advice. See page 18 for more information on advocates. 22 Surviving Relationship Violence and Abuse

30 3 Safety planning Whether you choose to stay or to leave, you can do things to improve your safety and the safety of your children. There might be many ways of getting help that you do not yet know about. Planning ahead helps you to line up these resources if or when you need them. When you are afraid, it is very difficult to think clearly. That is why you make a safety plan. You collect information and make some decisions before a crisis so that you do not have to make hard decisions during a violent event. A safety plan is a plan for the steps you will take to protect yourself and your children. It is valuable whether you have decided to leave or to stay in the relationship. You may not be able to control your abusive partner, but making a safety plan is one way to start getting control over your life and your choices. It can also help you to keep your children safe. Children can have safety plans, too. The court will not always keep a parent who has abused the other parent from seeing their child. The judge may order that the abusive parent is allowed to have parenting time or contact with the child. Helping your children make their own safety plans will help them feel safer, too. Later chapters have even more information about help that is available. For example, you may be able to get some protection from the police and from court orders. There also may be limits to what the police can do. It is important to know ahead of time what your choices are. A safety plan is a good place to start. 23

31 Tips on safety planning You can use the things you have already learned when making your safety plan. You have probably already started to think about how to make yourself and your children safer, even if you do not call it a safety plan. The process will take some time. It is a good idea to ask a friend, an advocate, or victim service worker for help. They can help you consider your options and find information that you need to make decisions. To make a safety plan, start with these steps: Think about what you need to stay safe and whether you are leaving or staying in the relationship. Get information about emergency services in your area, such as police and safe houses. Talk over your plan with people who can help. If you do not know anyone, find an advocate or victim service worker (see page 18). Talk to your children about how they can keep themselves safe. When making a safety plan, you can do things such as: Tell neighbours to call the police if they hear loud or frightening noises, or if they see anything suspicious. Find out about services like safe houses or transition houses in your area. Talk to a worker at a transition house about what they do. Think about where you can go if you decide to leave or if you are suddenly in danger. (This should be a place that is safe and where your partner will not know to look for you, such as a safe house.) Memorize the address and telephone number. 24 Surviving Relationship Violence and Abuse

32 Find out whether your area has 911 service. If it does not, find out what number to call in an emergency to reach the police, ambulance, or fire department. You can learn this by looking at the inside front cover of your telephone book. Find out where you can take a pet for safety or how to keep your farm animals safe. Put some money in a safe place, a little at a time. Pack a suitcase of extra clothes, eyeglasses, toiletries, and any medicines that you and your children need. Leave it with a friend or in another very safe place. Gather these papers for you and your children and put them in a very safe place:»» birth certificates and identity cards»» passports, immigration papers, and status cards»» CareCards»» marriage certificate»» financial information»» any other papers you think are important Safety Planning 25

33 »» If keeping original documents is a problem, you can get help to get certified photocopies of these papers. Call Victim Services (see page 87), your MLA (member of the legislative assembly), or another government agency or victim support organization close to you for help with getting certified photocopies. Make photocopies of your partner s:»» pay stubs and tax returns»» bank accounts, investments, and RRSPs»» company records and ledgers»» Social Insurance Number, CareCard, and date of birth (or just note these numbers for later)»» Add these papers to the other important papers and keep them all together in one safe place. If you can afford it, you can rent a safety deposit box at a bank. Put an extra set of keys for the house and car in a safe place. Teach your children how to phone the police and fire department for help. Tell your children that their job is to stay safe and protect themselves, not to protect you. Teach them to go to a safe place when there is danger, such as a trusted neighbour s house. They can call for help from that place. Get legal advice about how to protect your children and what to do about the family home and money. Find out where you can get an interpreter who speaks your language, or special help with your disability, if you need these services. 26 Surviving Relationship Violence and Abuse

34 If you use the internet at home, erase your browsing history whenever necessary. There are still programs that can track which websites you visit, however. You might choose to visit certain websites using a machine at a library or other safe place. If you have left the relationship, you can do things such as: Make specific safety plans for when your ex-partner picks up and returns the children after spending time with them (see If visits are unsafe for you or the children on page 83). Keep a copy of your protection order with you and your children at all times. Make sure your home contact information is not open to everyone at work (such as in an employee directory). Let your children s school or daycare know if you have a protection order, and give them a copy. Make sure their school bus driver is also told, and keep the school informed of your situation. Make sure your name is not shown in your apartment building directory. Get counselling for you and your children. This is a very stressful time, and most people need help to get through it. Take steps to protect your credit and manage your finances (see What to do about money on page 40 for more information). Other sections of this booklet give more suggestions for how you can protect yourself and your children. See Chapter 5 (starting on page 37) and Chapter 9 (starting on page 74). Safety Planning 27

35 4 Calling the police or RCMP What happens when the police or RCMP first come When the police get a call about violence in a relationship, they will come and talk to you about what has happened. If your partner or ex-partner is there, they will talk to him separately. If you are afraid for your safety, tell the police that this is so. Also tell them what your partner or ex-partner has done to make you afraid. If you have tried to leave the relationship or have told your partner that you are leaving, tell the police this, too. They need to know because a partner may become more violent in this situation. Be sure to tell the police if there are weapons in the home. The police should give you a card with their name and phone number on it, and the police case number. (Ask for this card if they do not give it to you.) If your partner or ex-partner leaves while the police are there but then returns, you can call the same police officers again and ask them to come back. There are a lot of different things that can happen when the police come. You also have options when it comes to what you can ask them to do for you. Read on for more information. 28 Surviving Relationship Violence and Abuse

36 Will your partner be arrested? The police might arrest your partner or ex-partner even if you do not want them to. If the police have evidence that any of the following things is true, they will generally make an arrest: if your partner or ex-partner has threatened you if he has harmed you if they have good reason to believe that he will harm you very soon Being arrested is not the same as being charged with a crime. When someone is arrested, it means the police might take the person to the police station and ask questions about the incident in an interview. The process for deciding whether to charge someone happens later, and involves more people. (To learn who makes this decision and how, see Will your partner be charged? on page 32.) If your partner leaves before the police arrive, they can still arrest him if they find him. If you know where he is, tell the police. If you are afraid, you can tell the police that you want a peace bond (see page 67 for more information). You can also apply for a family law protection order (see page 69). Most police officers will take your complaint seriously. However, if you do not get the help you need from the police, you have options. For example, the police may not arrest your partner or ex-partner or may simply talk to him. If that is the case, make sure you have an incident number or file number. This number means the police are recording that the incident happened. Your partner may also tell the police that the assault was your fault or that you started the fight. The police may agree that you are to blame. If that happens, write down the officer s name, badge number, and any other information 29

37 that could identify the officer. You can file a complaint against the officer if you are unhappy with the response you get (see the next section for more information). Complaints against the police or RCMP If you do not believe that the officer handled your call correctly, you can make a written complaint against the police. This can be helpful later on, such as when you apply for parenting orders or a protection order. If you were dealing with the police (not the RCMP), you can get a complaint form from the police or the Office of the Police Complaint Commissioner (see page 96 for the contact information). If you have a complaint against the RCMP, you can make it through the Western Region Office of the Commission for Public Complaints Against the RCMP (see page 97 for the contact information). This commission is independent of the RCMP. You also have the option of making a complaint at any RCMP office. Keep a copy of your complaint if you can. Put it with all of the other papers in your safety plan. Getting to a safe place If there is a transition house or safe house in the area, the police can take you and your children there. You may need to ask them to do this. Or you can ask the police to take you and your children to the home of a safe friend or family member (where your partner will not be able to find you), or to a motel. It is important to take the children with you: it will help you protect them and improve your chances of getting the parenting orders you want later. 30 Surviving Relationship Violence and Abuse

38 If you decide to stay in the family home, it is a good idea to have the locks changed right away. If you live on reserve, see page 52. If you are hurt, the police can also take you to a hospital or doctor. Most emergency room staff are trained to help women who have been abused. They will also collect medical evidence of the assault. You can ask that the police take the children with you. You can also ask that the children be taken instead to a relative s house if you have to go to the hospital. And you can ask that the hospital call a friend, relative, or advocate to come and be with you while you get medical treatment. You have the right to ask questions about any medical examination, to have a friend or advocate with you, and to refuse treatment. The police report The police must investigate every call about violence in a relationship and prepare a report. They will do so even if you have not been hurt or you do not want to be a witness. They will also write a report even if they do not arrest your partner. They will ask you questions about what happened. It is important for you to tell the police as many details as you can remember. If the police interview you again later, you have the right to bring an advocate or victim service worker with you. Calling the police or RCMP 31

39 Will your partner be charged? After their investigation, the police look at the evidence and decide whether to recommend criminal charges. The charge might be assault, criminal harassment, or sexual assault, depending on what happened. The police will recommend charges if they believe there is evidence that someone has committed a crime. However, the final decision about whether to charge your partner is made by someone else Crown counsel (sometimes called the prosecutor). Crown counsel s decision about whether to charge your partner is based on whether it is in the public s interest to charge him and whether it is likely that the judge will find him guilty. If the Crown counsel approves charges, the police will carry out that decision and lay the charges. You have the right to know the status of the police investigation and the court case when you are the victim. You also have the right to an explanation if: Crown counsel does not approve charges, and you are not satisfied with Crown counsel s decision. If you are not satisfied, you can make a complaint to the Administrative Crown Counsel by contacting the Crown counsel office in your region. 32 Surviving Relationship Violence and Abuse

40 Will your partner be released? If your partner or ex-partner is arrested: He can be held in custody while the police investigate what happened. If he is not charged, he will be released without conditions. That means that he can still contact you, return to the family home, etc. If you feel you are in danger, you can apply for a protection order (see page 67). If charges are laid, the police can release him with conditions (see the next section). Or, the police might hold your partner or ex-partner in jail until a bail hearing. At that hearing, a judge or a justice of the peace will decide whether to release him on bail before his trial. There are usually conditions he must follow while on bail (see the next section). Sometimes he might go before the courts and plead guilty. If that happens, he will be sentenced (see page 64 for more information on sentencing). Calling the police or RCMP 33

41 Conditions for release When a judge or justice of the peace releases someone before trial, it is often with conditions. These conditions can be things like: He cannot contact you or go to your home, school, or workplace (often called a no contact order see the next section for more information). He cannot see the children. He cannot visit the family home. He cannot own guns or other weapons. He cannot drink alcohol or use drugs that are not prescribed by a doctor. These are only examples. Each set of conditions is different. The person released must follow the conditions, or they can be arrested again and charged with another offence. (That second offence is called breach of an order.) The conditions usually last until the case is over. No contact orders When conditions for release include Have no contact, directly or indirectly, with [your partner], this is called a no contact order. What this means is that the court forbids your partner or ex-partner to: phone you, write to you (including and text messages), send gifts, ask someone else to give you a message, or go to your home, work, or school. The order usually does not forbid you to contact your partner. However, doing so might place you in danger. It also might make it more likely that your ex-partner will contact you in return. If your ex-partner goes against the order and 34 Surviving Relationship Violence and Abuse